Order entered April 17, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00248-CV
CONNIE MARIE MACINNES, Appellant
V.
DEBORAH BUTTS, ET AL., Appellees
On Appeal from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC1203784I
ORDER
In a letter dated March 5, 2014, the Court referred appellant’s affidavit of indigence to
the trial court. A contest to the affidavit was timely filed on Monday, March 17, 2014. By
March 27, 2014, either a hearing had to be conducted or an order had to be signed extending the
date of the hearing for up to twenty days. See TEX. R. APP. P. 20.1(i)(2) & (3). The Court
received a letter from the Dallas County District Clerk informing us that the hearing on the
contest is scheduled for April 24, 2014. Because the trial court failed to sign an order sustaining
the contest within the time set for a hearing, the affidavit’s allegations are deemed true and
appellant is allowed to proceed with the appeal without advance payment of costs. See TEX. R.
APP. P. 20.1(i)(4).
The reporter’s record is past due. Accordingly, we ORDER Sheretta Martin, Official
Court Reporter for the 162nd Judicial District Court of Dallas County, Texas, to file, on or
before MAY 1, 2014, either: (1) the reporter’s record; (2) written verification that no hearings
were recorded; or (3) written verification that appellant has not requested the record. We notify
appellant that if we receive verification of no request, we will order the appeal submitted without
the reporter’s record. See TEX. R. APP. P. 37.3(c).
We DIRECT the Clerk of this Court to send a copy of this order by electronic
transmission to Sheretta Martin and by first-class mail to all parties.
/s/ ADA BROWN
JUSTICE